Violating the Fourth Amendment

“Hey why do @NSACareers and @BarackObama seem to think it’s ok to break the law and access my communications? I find that strange.”

That’s a bold assertion, so I’m obliged to explain myself. The Fourth Amendment to the United States Constitution states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Applicability to Modern Electronic Communication

Katz v. United States extended Fourth Amendment protection to all areas where a person has a “reasonable expectation of privacy.” The case specifically dealt with phone calls, but I feel that it also applies to Internet communication, like emails (and I think the EFF agrees with me). Think about it this way: When you email a friend, do you expect a stranger to be able to read it? While the emails I send to my wife are generally mundane, I absolutely expect that random people are not able to read them. I have a reasonable expectation of privacy.

Warrant Upon Probable Cause

The Fourth Amendment provides that the government may search my communications if they obtain a warrant, and that a warrant shall only be issued if there is probable cause to believe that I am committing a crime.